Two neighbours in Toronto contested the ownership of a large Norway maple tree. Katherine Hartley claimed sole ownership of the tree and wanted to cut it down because she feared it was dangerous. Her neighbours contended that the tree straddled their property line, so that they had ownership of the … [Read more...]
Bench Press 37-6: A Jury of Your Peers
The Ontario Court of Appeal has ordered a new trial for an Aboriginal man convicted of manslaughter in 2008. The majority on the Court found that Clifford Kokopenace did not receive a fair trial because the jury that heard his case had no Aboriginal members. Mr. Kokopenace argued that his Charter … [Read more...]
Bench Press 37-6: Water Woes
A Court of Queen’s Bench judge has ruled that the provincial Environmental Appeal Board has no jurisdiction to grant public interest standing to interested parties who wish to appeal decisions of the Director of Alberta Environment and Sustainable Resource Development. The applicants wanted to … [Read more...]
Bench Press 37-6: Mandatory Workplace Testing
The Supreme Court of Canada has ruled that mandatory random alcohol and drug testing of unionized employees at the Irving Pulp and Paper plant in New Brunswick was unreasonable. The majority opinion stated “A unilaterally imposed policy of mandatory random testing for employees in a dangerous … [Read more...]
Bench Press 37-6: Hooking Up with a Pretty Girl
Justice Fergus O’Donnell of the Ontario Court of Justice recently wrote: “Devon Brumble wanted a pretty girl and, as is sometimes the case, he got most of what he wanted, however briefly, and a whole pile of trouble besides”. Brumble’s friend had offered to set him up with a pretty girl with a long … [Read more...]
Bench Press 37-5: Give It Up!
A Calgary man, unhappy with the decision a Court of Queen’s Bench justice made in his family law case, didn’t appeal the decision. Instead, representing himself, he sued the judge, citing malicious misuse of process and malfeasance in public office. He relied on a New Zealand decision, which allowed … [Read more...]
Bench Press 37-5: Judicial Discretion Defended
The Ontario Court of Appeal, along with appeals courts in Manitoba and Nova Scotia, have baulked at having their discretion in sentencing curtailed by provisions in the federal government’s Truth in Sentencing Act. A unanimous three-judge panel agreed that sentencing judges retain discretion to … [Read more...]
Bench Press 37-5: Conspiracy Theory?
The British Columbia Court of Appeal has ruled that the tort of conspiracy has no place in family law. Jodie Waters sued her ex-husband and his new wife, claiming that they conspired to transfer assets so as to thwart her claim for child support. The Court of Appeal decided that there is … [Read more...]
Bench Press 37-5: Red Horse/Black Horse
A trademark dispute between Molson Canada and San Miguel Brewing International caused Justice Phelan of the Federal Court of Canada to begin his judgment with “The potential for the use of phrases such as ‘this is a horse of a different colour’ or equine and beer jokes jump out at one. The Court … [Read more...]
Bench Press 37-5: Texting with Telus
Telus is unique among telecommunications companies in that it briefly stores electronic copies of all text messages sent or received by its subscribers. Police in Ontario obtained a warrant obliging Telus to hand over any stored copies of text messages sent or received by two of its subscribers on a … [Read more...]